What You Need to Know about Medical Malpractice
If you have been the victim of medical malpractice, a medical malpractice lawyer Charlottesville VA residents trust may be able to recover financial compensation for the damages you have suffered. The law firm of MartinWren, P.C. has successfully represented many clients who have suffered from medical malpractice. Our experienced attorneys are dedicated to helping victims receive the maximum possible for compensatory damages.
The skilled attorneys at MartinWren, P.C. are available to meet with you for an initial case evaluation free of charge. Contact our office today for more details. Prior to your case review with a medical malpractice lawyer Charlottesville VA residents rely on, you may find the following information helpful.
What is considered medical malpractice?
As a medical malpractice lawyer Charlottesville VA victims depend on may explain, medical negligence occurs when a medical professional either acts or fails to act in a way that does not meet an acceptable level of medical care. When this act of negligence causes injury or illness to a patient, this may qualify as medical malpractice.
A Charlottesville medical malpractice lawyer knows that medical practitioners are expected to provide treatment to their patients that “meet a medical standard of care.” This is usually understood to be a level of care that a health care professional would provide under most circumstances. If the health care professional provides substandard or unorthodox care, the provider has failed to uphold this standard and is considered negligent. However, if the patient is not injured or harmed in any way, then it is not considered medical malpractice. A medical malpractice lawyer Charlottesville VA victims turn to for legal guidance may review your case and determine if you have grounds for a lawsuit.
What is considered negligence?
A doctor, surgeon, nurse, or other healthcare provider is expected to act in ways that will be of benefit to the patient without causing harm. A medical malpractice lawyer Charlottesville VA has to offer is familiar with different examples of medical negligence and how negligence may expose patients to potential harm. These examples include:
- Knowingly prescribing medications that are likely to worsen the patient’s condition;
- Not performing a necessary medical act or treatment which then puts the patient’s health at great risk; or
- Mis-performing a medical treatment that puts the patient’s health at risk.
When Negligence Becomes Malpractice
Medical negligence may become medical malpractice when the patient is injured in some way. A medical malpractice lawyer Charlottesville VA residents believe in may be able to recover compensatory damages on your behalf. For a malpractice lawsuit to be deemed valid, four conditions must be met:
- Duty of care. A doctor owes his or her patient an expected duty of care. This means they must follow accepted levels of medical care and act as other doctors would under the same circumstances.
- Breach of duty. The doctor must exercise reasonable care in his or her treatment of the patient in accordance to established procedures.
- Injury to the patient. As a result of the doctor’s breach of duty, the patient is harmed in some way that otherwise would not have happened.
- Damages are suffered. The victim’s injury results in damages which may or may not be monetary.
Common examples of malpractice include:
- Causing the patient’s condition to worsen because of a doctor’s negligent care
- The patient must undergo additional medical attention because of a healthcare professional’s negligent behavior
- Unanticipated complications develop as a result of a negligent action
- Removing the wrong body part during surgery
A Charlottesville VA medical malpractice lawyer realizes that when a patient is the victim of medical malpractice, they physical, emotional, and financial damages may feel overwhelming. Some of the damages that a medical malpractice lawyer Charlottesville VA victims rely on can seek for their clients include:
- Medical expenses for past treatment, as well as the cost of future medical treatment which may be needed.
- Loss wages from being unable to work, as well as loss of future earning capacity if the injury or illness sustained will leave the victim unable to perform their job.
- Damages for pain and suffering the victim has endured because of the injury.
- Loss of enjoyment of life if the injury or illness has left the victim limited or unable to do the everyday life activities he or she was able to do before the malpractice occurred.
A medical malpractice lawyer in Charlottesville VA can also explain to you how the state of Virginia has placed a cap on medical malpractice claims. The damages are set based on the year, with a gradual increase for each year. One critical note regarding medical malpractice is that Virginia also has a statute of limitations on how long a victim has to file. You only have two years from the date the injury occurred to file your claim.
There are some exceptions to that two-year rule. For example, if a surgeon left a foreign object behind during surgery, but that object was not discovered until months later because the patient was having physical issues, the countdown would then begin on the date the object was discovered inside the patient.
Contact a Medical Malpractice Lawyer Charlottesville VA Offers Today
If you have undergone a medical procedure or treatment which has left you injured or sick, contact a medical malpractice lawyer in Charlottesville VA. The lawyers at MartinWren, P.C. offer free consultations at a time and location that is convenient for you. We will gladly meet with you at your home or at the hospital, even on nights and weekends. This enables you to meet with a seasoned medical malpractice lawyer Charlottesville VA clients trust for a free, no-obligation case evaluation, during which one of our lawyers can review your case and offer a qualified opinion.
Contact a medical malpractice lawyer Charlottesville VA victims are grateful to have on their side at (434) 817-3100 or fill out a contact form which is available on our website.